11/4/2010 CONSERVATION COMMISSION Minutes

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stores in the existing grade to get around the buildings. Mr. Casey explains that they will reed t extend some of the corners where the existing creosote galls are only approximately one foot wide because it is a tight access around the corners. Agent McManus explains that it is a very thickly vegetated bank. Agent McManus would life to mention that he is to take full blame for the landscape plan submitted as there are no contours or grade elevation shown. Mr. Casey states that there are a let of invasives within the heavy vegetation that they would like to remove. He also explains that there are a lot of creosote ties and trash that were dumped in the vegetation which he wound like to cleanup. Nor. Casey believes_that the debris has been there for approximately 20 years or more. The walls will be replaced with rock wall no concrete) and the paths will be about - ' gide. Agent McManus states that they have been delineated and pathways are allowable through the NUBS guidelines and also mentions that removing the invasives will improve the resource area. Chairman Fitzsimmons comments on the plan in regards to it not having any contour lines in which his concern_is that someone looking at the plan would not know how steep the bank is and if there is an erosion risk involved. Mr. Casey explains that there are no grade changes and where they are looking to re-vegetate is what they considered bare areas. Agent McManus feels that contour lines are very important when dealing Fr ith a coastal band that uapplie sediment source to coastal beaches and dunes but this bank is thickly vegetated and is not a sediment source so it should not be as much of a concern. Chairman Fitzsimmons asks if there is an inland bank and the Agent answers that there is and it follows the contour of the rear of the condos. The Chairman asks what the regulation states and the Agent reads chapter 172-9 of the [ahpee wetland Bylaw of an Inland Bank/ Performance Standards for Inland Bank. lir. Sweet comments that this is improving the situation but he would like to state that for the future that Casey Free provide plans with the proper elevations. Mr., asks if the paths already exist and questions why they go straight down the hill. Mr. Casey explains that they do not exist and they can be created with more of a curve if preferred. Chairman Fitzsimmons asks for public comment and a resident stands to make a comment about the project. Mr. Dermot O'Donnell states that he lives across the pond from the proposed site and he objects to the fact that the contractor did not specify the type of-invasives that are being removed, where it is and what is going in its place. Also, he says that the number three and four paths are close to where the swans build their nests and also where the blue herons gather daring the summer. Agent McManus states that the invasives are 'identified as Bittersweet and Russian Olive, both of which if allowed to persist then the entire bank will be overcome and that will alter the habitat. He also states that the tails will not disrupt the habitat, shelter or food supply of the blue heron or any other species that occupy the area. It would need to be established-specifically and tested as to how a pathway would affect the habitat of a particular species. The Chapter 172 bylaws were carefully.written to address minimum impact to buffer strips like this one. However residents do deserve access to the water as long as it is carefully controlled and permitted and restricted to no wider than four fet wide with steps taken to insure no runoff will incur. Even though this will require clearing of vegetation to accommodate the pathways, it is perfectly in line with the bylaw and guidelines for naturally vegetated buffer strips NVBS . Mr. O'Donnell states that this area borders the horse trails and if paths are created in the woods, it creates an easier access to the nesting area by foxs and coyotes. The Agent responds that wildlife will get to a food source whether you create a pathway or not and that to show a specific impact by the paths, than a wildlife biol gist would need to be consulted. Mr. Casey explains that they are not totally clearing the vegetation; they are pruning-through the thickly vegetated area and removing only the invasives. The only area to be revegetated is the area that is presently bare. He mics Mr. O'Donnell if the swan nesting is on the Stendahl endo side and Mr. O'Donnell responds that one year it was but other years it is in the riddle of the grater. Mr. Gurnee asks how much vegetation will be removed and Mr. Casey says approximately 1% - probably less. Mr. Gurnee would also like to state his concern about the atual location of the paths and mics the Agent to go onsite and,work with the contractor. The Agent states that everything will be staked and every step taken that no clearance will result in any runoff or negative impact to the habitat. Mr. Casey also mentons that they really do not have plans for the paths but wanted to permit it for future option. Motion made, seconded and unanimously carried to close and Issue